1. Value-Price.com Services. This website and the services provided hereunder may only be used by individuals who have attained the age of majority in the area in which they reside, and are capable of forming binding contracts under applicable law. This website and any proposal or price quote provided to you in response to a submission may only be used for personal purposes and may not be used for any commercial purpose. This website provides a vehicle for you to obtain proposals and price quotes for the repair, purchase and installation of home comfort systems (i.e. systems that provide heat, air conditioning/cooling, humidification and/or air quality) from independent contractors (hereinafter referred to as “Installing Contractors”). All price quotes and proposals generated by this website in response to your request are made by an Installing Contractor, and this website
and its owners, operators and sponsors are not involved in the actual transactions between you and the Installing Contractor. On-line proposals and price quotes provided by this website do not constitute a guarantee or a binding offer, and are only good for seven (7) days. To help ensure that your needs are met and that all necessary, accurate information is considered, an independent Installing Contractor will contact you to schedule a visit to your home to verify the information you provided in the on-line quote system, the installation site conditions, your specific equipment/system selections and the scope of the installation services to be provided. Once this information is verified, the Installing Contractor will confirm the proposal and quote as a firm offer, or will provide a written description of the changes to the proposal and the corresponding price adjustment (a “Contingency Cost or Credit Addendum ”), resulting in the final, verified proposal
and price. A binding contract will be formed between you and the Installing Contractor only when both of you sign the original proposal and the Contingency Cost or Credit Addendum, or another integrated contract reflecting the final, verified proposal and price.
2. No Guarantee of Services Provided by this Site and Installing Contractors. We do not guarantee that the proposals and price quotes generated by this site in response to your submission will meet your needs, or that there is an Installing Contractor in your area that is capable or willing to handle your service needs. Additionally, while we make efforts in good faith to select Installing Contractors based upon experience, expertise and their commitment to adhere to our standards, we make no guarantees or representations regarding the qualifications, proficiency or installation skills of any Installing Contractor to whom you are referred by this site. You are solely responsible for selecting the equipment and system, which meets your needs and for deciding whether to hire and contract directly with any Installing Contractor identified through this site. We do not guarantee or warrant any services provided to
you by any Installing Contractor identified through this site who you chose to hire. Additionally, any background information on Installing Contractors identified through this site, which is provided in response to your request for a proposal and price quote is furnished directly by the Installing Contractor and is not guaranteed by us. If you are dissatisfied with the services provided by any Installing Contractor or have any dispute with an Installing Contractor you have hired, you are solely responsible for resolving such issues directly with the Installing Contractor. With respect to any products, installation &/or repair services you purchase in connection with any proposal or price quote generated by this site, you acknowledge and agree that the only warranties offered on such products and services are those provided directly by the product manufacturers and/or the Installing Contractor. You hereby agree to release Value-Price.com, its owner,
operator and their employees and agents, from and against any and all injuries, damages, claims or losses of any kind or nature incurred by you as a result of your dealings with any Installing Contractor, including but not limited to the Installing Contractor's submission of proposals and price quotes to you through this site and the Installing Contractor's sale of any products, or performance of any work, for you.
3. Disclaimer; Indemnity; Limitation of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND ANY PROPOSAL OR PRICE QUOTE GENERATED BY THIS SITE IN RESPONSE TO YOUR SUBMISSION. THIS SITE AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS. THE OWNER, OPERATOR AND SPONSOR OF THIS SITE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OF IMPLIED, AS TO THE OPERATION OF THIS SITE OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES REFERENCED IN OR PROVIDED THROUGH THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OWNER, OPERATOR AND SPONSOR OF THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS, ACCURACY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, INTERRUPTION OR OTHER TECHNICAL PROBLEMS.
THE OWNER, OPERATOR AND SPONSOR OF THIS SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE OR ANY PORTION THEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS VALUE-PRICE.COM, ITS OWNER AND OPERATOR, FROM AND AGAINST ALL CLAIMS AND DEMANDS (INCLUDING COSTS AND REASONABLE ATTORNEYS' FEES) MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THIS SITE AND THE SERVICES PROVIDED HEREUNDER. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE SERVICES OFFERED HEREUNDER OR HAVE ANY OTHER
DISPUTE OR CLAIM AGAINST THE OWNER AND OPERATOR WITH RESPECT TO THIS WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
4. Collection and Use of Information You Provide to Us. To use the on-line proposal and quote system at this site you will be asked to provide, and we will collect, information about you and your home comfort system needs. Some of this information will be sent to an Installing Contractor in your area who needs such information to respond to your request and to contact you to schedule a visit to your home to confirm certain information in order to provide you with a verified proposal and price. By providing information to us and requesting a proposal and price quote, you expressly consent to being contacted by an Installing Contractor for the foregoing purposes.
You promise that all information you submit to us will be true and accurate to the best of your knowledge. You acknowledge and understand that knowingly providing false information could cause losses, costs and damages to Value-Price.com and its Installing Contractor who endeavors to respond to your improper submission, as well as to third parties whose privacy or other rights may be violated as a result of your improper submission. You hereby agree to indemnify, defend and hold harmless Value-Price.com, its owner, operator and Installing Contractor who respond to your submission, from all claims, suits, costs, damages and losses (including reasonable attorneys' fees) arising out of or relating to your submission of any false, inaccurate or other improper information at this site.
Value-Price.com collects personal information for legitimate business reasons such as providing proposals and price quotes for home comfort system upgrade or replacement, customer service, and contact information. The information we collect from you may also be used by us to conduct surveys regarding your level of satisfaction with: (a) this site and its services; and (b) the products and services provided by an Installing Contractor identified through this site who you decided to hire. We may also use the personal information we collect from you to inform you of products recalls, and to inform you of products, services and offers that might benefit you to the extent you have consented to the receipt of such communications in response to any survey or other correspondence from us. Value-Price.com will use personal information solely in ways that are congruent with the purposes for which it was collected. Value-Price.com will take every reasonable step to ensure that collection of this personal information is germane and relevant to its intended use.
Value-Price.com takes all reasonable precautions to protect personal information in its possession from misuse, unauthorized access, disclosure, or alteration. All sensitive information provided by users via the Value-Price.com site is protected both on-line and off-line. We utilize client side technologies to record and store only current session information on your computer (cookies) to maintain your active state of navigation (real-time) within our web application. We absolutely do not store information for any impending use. Cookies (three per session) left residual on your computer are encrypted and can't be decoded to compromise information which you have submitted.
When a Value-Price.com Form requests a user to enter confidential information (such as email address or telephone number), such information is encrypted and protected with industry best practices encryption methodologies - SSL.
Personal information collected from you by Value-Price.com is stored on protected servers hosted in a knowledgeably secured environment maintained by Strategic Solutions. Physical security is set up in an effort to prevent unauthorized access to the data media and server equipment; the actual repository for sensitive personal information. Electronic security measures are instituted to continuously monitor web access to Value-Price.com's hosting servers and provide protection from hacking or other unauthorized intrusion from remote locations. This protection includes, but is not limited to the use of firewalls; proxies; protocol filtering; and encryption technology.
We may use or supply third parties with general statistical information which is compiled from the information you supply to us, which will in no way specifically disclose your personal information. Value-Price.com limits access to your personal information and data to Installing Contractors (as described above) and to employees and agents of the site owner and operator that have a specific business purpose for maintaining and processing such personal information to perform critical tasks (example, our customer service representatives). All individuals who have been granted access to personal information are made aware of their responsibilities to protect the security, confidentiality and integrity of that information.
Value-Price.com does not and will not share user information with any third party for any purpose except as expressly described in these terms and conditions or when required by court order.
The owner and operator of this site reserves the right to transfer any information we have collected concerning you in the event we sell or transfer all or a portion of our business or assets to a third party.
5. Third Party Links. Any links which our site makes available to third party websites are provided as a convenience to the user, and do not imply our endorsement or approval of any other company, its website, products or services. We have no control over third party websites and therefore assume no liability or responsibility for the content, operation and information gathering activities of such sites.
6. Intellectual Property Rights. All software and content included on this site, and all processes, standards and methods of operation embodied in the Value-Price.com proposal and price quote system available at this site (hereafter collectively referred to as the "Proprietary Assets"), are owned exclusively by Value-Price.Com, LLC ("Value-Price.Com"), including all patent rights, copyrights, trademark rights, trade secrets and all other intellectual property rights therein, now or hereafter existing. The Proprietary Assets are protected by United States and International copyright laws, trademark laws and any applicable patent laws. Value-Price.Com grants you permission to view and use the content and software available to you on the site in connection with your use of the site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, systems or processes on this site is strictly prohibited.
Value-Price.com and all logos, symbols, slogans and marks used on this site, other than those identified as third party marks, are trademarks of Value-Price.Com and may not be used in connection with any third party product or service in a manner that is likely to cause confusion among consumers.
7. General. These terms and conditions and any dispute or claim relating to or arising out of your use of this site will be governed by and adjudicated under the laws of the State of Maryland, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Maryland for the resolution of all disputes or claims relating to or arising out of your use of this site. Value-Price.Com reserves the right at any time to change the content and features of this site and the terms and conditions under which it offers access to and use of this site. Value-Price.Com may terminate or suspend your right to use this site at any time, for any reason, without prior notice. Upon such termination or suspension, your right to use this site will immediately cease.
If any provision of these terms and conditions shall be deemed unlawful or unenforceable, the remaining provisions shall not be affected thereby, and the provision in question may be replaced by a lawful provision that most nearly embodies the original intention of the parties. Our failure to enforce any right or provision of these terms and conditions shall not constitute a waiver thereof.
8. Identity of Owner and Operator of Site. This site is owned and operated by Value-Price.Com, LLC. We can be contacted at 11014 Sunset Hills Road, Reston, Virginia 20190 or via eMail